will retire in january. he leaves the department where he spent 27 years, a department that he has seen shrink in size, where he had to lay off officer, and then turn around and try to retain the ones who remained. >> you've got good people on all sides of this issue that are working hard. the frustration is when you're caught in the middle of it and trying to work with it. it's hard. but again, that's not the driving factor. generally speaking, it is about right time for me. >> reporter: while chief moore has been approached with other opportunities, he says he won't consider anything until at least the spring. mayor chuck reed was as surprised as anyone that the chief announced his retirement this morning. >> he has made the decision. it's his decision. i'm sorry to see him go. >> reporter: if you could talk him out of it, would you? >> yes. >> reporter: but it is the mayor that the blames for the short ten cher, just 18 months. >> keep in mind, he has given his whole life, his career to this department. this isn't a man that has gone from city to city to city being

a police chief for five years here, five years there. this was his home, and still is his home. his daughter is still in high school. so for him to make this decision, i think is -- demonstrates a very tie hawaii degree of frustration. >> reporter: the chief was diplomatic in announcing his retirement, each if his emotions did get the best of him at one point. >> i came here to be a san jose police officer. i mean, i could have gone a lot of places. and i just couldn't be happier, pardon me. wow. couldn't be happier that it was here and that i was able to be the chief here. >> reporter: now we asked the chief if the timing of his announcement has anything to do with the fact that the city council is taking up the safety plan tomorrow, or if the timing has to do with a change in the sick leave payout policy. he says no. and reiterated again it's just the right time for him and for his family. in san jose, kris sanchez, nbc bay area news. >> thanks, kris. chief moore came to the san jose department in 1982 after getting

degrees from berkeley and san jose state. in 1999 he was selected as a white house fellow and served one year as council to u.s. attorney general janet reno know. he was named san jose police chief in february of last year. tonight at 6:00, we'll explore the legacy moore leaves behind as san jose will search for its third police chief in three years. we have new details now on a scary situation in new york involving a flight from san francisco. police say someone phoned in a hijacking threat against an american airlines flight out of sfo. a fin air flight from helsinki was also threatened. even though the planes have landed safely, and police did investigate. the all clear came about three hours ago. it was a precaution and the level of concern was low. now to a developing story in san francisco, where a group of protesters are out in the city's financial district. they're marking the anniversary of the start of the occupy movement. this demonstration and one like it in oakland are just getting under way, and very peaceful at

this point. we'll bring you more information as soon as it becomes available. there are similar protests going on across the country. and in new york, police arrest nearly 150 people today, mostly for disorderly conduct. in new york, a few hundred protesters marched in small groups in manhattan's financial district, disrupting traffic. police lined the streets to help control the crowd, and made about 100 arrests, as i mentioned. a father charged with kidnap canning his children and then sailing away with them on a stolen yacht did not enter a plea as was expected. prosecutors say christopher maffei took his two children from their mother's house in south san francisco and then stole a yacht from the alameda harbor and sailed out to the coast. in court last week, maffei said he was trying to save his children from an abusive home. the mother recently sought a restraining order against him. she can stay, but she has to pay. amy will be allowed to continue living in his mansion, but she

is going to need to pay $15,000 a month in rent. kincaid's estate was asking 12,500 a month, but today a judge decided to up that amount. the next fight is over his estate, which includes his artwork, worth an estimated $66,000. pinto is fighting with kincaid's estranged wife. the two were married for 30 years. kincaid died in april after a lethal mix of alcohol and drugs. the next hearing is set for december. cancer is now the leading cause of death among hispanics in the united states. and it's the latest sign cancer is beginning to displace heart disease as the nation's top cause of death. one reason for the higher rate is that the hispanic population in the u.s. as a whole is younger than other ethnic groups, and cancer tends to kill people at a younger age than heart disease. but as nbc bay area's marianne favro shows us, other bay areas may be putting some hispanic at higher risk of getting cancer. >> reporter: the barriers are both cultural and socio-economic. but thanks to one program reaching out to the south bay

hispanic community, those roadblocks are starting to be removed. damiana flores is a health educator to interest community outreach latinos contra cancer in san jose. she has made it her mission to spread the word about the importance of breast cancer screening, a quest that is very personal because of her own battle with breast cancer 12 years ago. she says her diagnosis stunned her so much, she didn't tell anyone for four days. a new report shows cancer is now the leading killer of hispanics in the u.s. los gatos' oncology surgeon augus augusto bastidas some are diagnosed because they didn't get the recommend screenings. >> this all has costs and i think hispanics have a group that are underinsured so they don't have the same access as insured patients so they don't get the early screening.

>> reporter: he also says a high fat diet, obesity, and smoking play a role in increasing cancer risks. cultural barriers may also play a role, which is why latinos contra cancer goes out in the community and holds educational bingo games with this special card. it dispels myths about cancer, including the belief that ignoring a lump will make it disappear or cancer is a punishment. >> in many cases, latino women do not want to know that they have cancer. they believe that maybe it's god because they did something wrong. in other cases, they do not want to tell their family. they say if i don't talk about it, it's not going to grow. >> reporter: the hope is these bilingual outreaches will inspire other hispanics to make lifestyle changes to help prevent cancer. the lead author of the study says the rest of the country may not be far behind. she predicts within the next ten years, cancer will overtake heart disease as the top killer in the u.s.

marianne favro, nbc bay area news. decision 2012. we are now just 50 days away until election day. "the new york times" is reporting a pr firm hired by the state of california to promote its health care exchanges required by so-called bohm care will target hollywood for help. ogilvie plans to approach and ask for story lines for the exchanges. a new look at all of the advertisements shows groups not directly associated with the campaigns make up almost half of all the ad spending. of the $605 million spent, $267 million of it has come from political action groups. the presidential campaigns are shifting focus back to the economy after last week's embassy attacks and the anti-u.s. protests that continue tonight. president obama is in ohio on the attack against china's trade policies that he says harms u.s. auto workers.

and gop candidate mitt romney talked about how he could improve the economy and add 12 million new jobs. nbc bay area's steve handelsman is live in washington with the very latest for us. good evening, steve. >> reporter: hi, janelle. thanks. mitt romney trying to change things up a bit, because frankly, he can look at the calendar. he can look at the polls and see time might be rung out for him in places like florida and virginia and ohio. trailing in state, he needs to win. with conflict reported inside his campaign, mitt romney tried something new, more specific. >> and i'll pursue a 5% cut in nonsecurity discretionary spending on my first day in office, eliminating programs that are not absolutely essential, and also cutting subsidies for things like amtrak and corporation for public broadcasting. >> reporter: romney denied disarray in his headquarters. in an interview with telemundo's

jose diaz bellart to air on noticiero. >> these stories take aye away from what is concern to the american people. >> reporter: romney launched an ad, promising again he would fight outsourcing. >> trade has to work for america. that means crack down on cheaters like china and open up new markets. >> reporter: in ohio today, president obama says he has cracked down. >> today my administration's launching a new action against china. >> reporter: a move to please auto workers in ohio and michigan. it's a formal charge that the being government is subsidizing the chinese car parts industry to illegally steal business from american companies the president build a out. >> and we are going to stop it. it is not right. it is against the rules. and we will not let it stand. >> reporter: mr. obama mocked the romney recovery plan. >> tax cuts, tax cuts. you want to make a restaurant

reservation or book a flight? you don't need the new iphone. try a tax cut. >> reporter: mitt romney is counting on voters not feeling that life is better for them than it was four years ago. a romney senior campaign official said today their internal poll show this race is tightening. from washington, i'm steve handelsman, nbc bay area news. >> all right, thanks, steve. iphone frenzy. will it be the best-selling phone in history? that story is coming up. plus, the revealing pictures of kate middleton. learn what is next in the fight between the dutchess and the paparazzi. and the secret to weight loss could be in your sleeping patterns. new information that could send you to bed a little earlier. i'm jeff ranieri. quite a bit cool their monday as compared this weekend. 66 in fremont and 76 in livermore. as we look towards the forecast tomorrow in the south bay, numbers will also remain on the

mild side. we'll let wow know what this means for the entire week, coming up. sofa... desk... you know what? why don't you go get some frozen yogurt. i got this. you're so sweet. you got this, right? i do got this. let us get everything off the shelf, and to your home.

sofa... desk... you know what? why don't you go get some frozen yogurt. i got this. you're so sweet.

you got this, right? i do got this. let us get everything off the shelf, and to your home. for the first time in the company's history, apple stock crossed the $700 mark during after-hours trading. the stock bump comes just as apple announced iphone 5 preorders hit two million in 24 hours. a little back of the script shows that means apple sold about 23 phones per second. the phone is scheduled to go on sale at stores friday morning. in health matters, getting a good night sleep could help you lose weight. that's because a lack of rest appears to increase the hormones that regulate appetite, which makes you hungrier and have stronger impulses to eat more food. the canadian research firm also says it's not just the amount of time you sleep, but the quality

of sleep which can impact weight loss. your kids might not be able to eat multiple big macs every day, but the salt intakes. kids eat around 3300 milligrams of salt each day, about 15% more than advised. for reference, that's about the same amount of salt contained in three big macs. the cdc reminds us higher salt intake is linked to higher blood pressure. the recommended daily sodium intake for kids is no more than one teaspoon daily, or 2300 milligrams. in oakland today, the fight against bullying is intense fight. the oakland district shows 13,000 upper grade students the powerful movie "bully." it explains how students' lives are affected when they're harassed and intimidated. the superintendent says cyberbullying adds a new dimension, and it needs to be addressed as well as controlled. oakland a play-off tickets are officially on sell, even though the a's aren't officially

in the play-offs yet. tickets went on sale at ten thank morning starting at 15 bucks. the a's are on top of the american league wild card standings. they have 16 more games to play before the wild card play-offs start next month, but they're getting a jump on sales, and fans are excited about the low prices. you can purchase a play-off ticket online or at the a's box office at the coliseum, and they are refundable. more problems for tourists to yosemite national park. surprise inspections put five tour buses out of service because of bad brakes. the fresno bee reports the highway patrol and five other government agencies inspected 54 buses earlier this month and 65 violations were issued on those buses. the chp ordered onsite repairs for a variety of violations. and as we mentioned, five buss were actually put out of service for defective brakes. if you are planning to book a trip for the fall or winter holidays, now is the best time to book your flight. travel experts say most people

are not thinking about booking their flights yet, but if you buy now, you can find the best deals and times and nonstop flights, possibly avoiding connections in major hubs like new york city and chicago, which often face weather-related delays. travel experts also point out the closer it gets to thanksgiving the less inventory you will see for discounted seats. and they add the best days to buy your tickets are on tuesdays and wednesdays. good note. >> very good note. let's check with jeff ranieri. i have to say, jeff, it was a little chilly throughout today for me. >> a little cooler out there. i know for some like diane it definitely felt a little more like fall than what we're use to this time of year. not only winds 10 to 20 miles per hour up against the coastline, but we also have slightly cooler air aloft that was good enough to do this to our temperatures. livermore from 90 on saturday to 79 for today. gilroy from 89 to 76. walnut creek from 87 to 77. and also morgan hill seeing from a 5 to 10 degree drop in the extreme south bay. and right now a lot of cold air across most of the bay.

already dropping into the 60s 234 oakland and also san mateo. even 69 in san jose. let's get a check of the live hd sky network. and you'll find in san jose we have lots of blue sky. a bit of haze. not much in the way of cloud cover. up into san francisco, well, not too much fog here either. but that wind is blowing our flag there on the right side of your screen directly out of the west. so definitely some patchy fog returning for tonight. here is what we're looking at. the next 48 hours, we have this stubborn area of upper low pressure sitting in the pacific. it's not only going to stay here the next 48, but we think maybe for the next five days, that's right, even into parts of the upcoming weekend that will keep this slightly cooler than average flow. also the onshore flow winds. and that will bring us some areas of patchy fog for the coastline. mainly 50s and 60s here as we head throughout our tuesday forecast. we'll be on the mild side. and then for the interior valleys, 70s by the bay and 80s for the extreme interior sections of the east and also for the south bay. but even while we have this

cooler weather, and we'll also have areas of fog, we'll still get plenty of sunshine in here by the afternoon. we'll start off 6:00 a.m. on tuesday, with some low clouds up into the north bay. extensive wide low cloud cover for the entire coastline. but then as we head throughout 1:00 p.m. tomorrow, everyone is expecting some sunshine, even right up against the coast. so that's the good thing about tuesday's forecast. even though it will be slightly cooler and we'll have the fog, we'll get plenty of sunshine in here. it will stay comfortable in the south bay with 76 in san jose. 79 in evergreen. 1 in morgan hill. double 6s in santa cruz. 76 in los gatos. and for the east bay, it's not going to be hot. typically we'll see this area run quite a bit warmer than the south bay. but you can see 81 in walnut creek. also back in livermore and 74 in fremont. for san francisco you'll top out at 67. 73 in san rafael. 76 in santa rosa. 2 in oakland. on your three-day forecast, numbers in the low 80s inland tuesday, wednesday, and thursday.

70s by the bay. 60s at the coastline built. this upcoming weekend, here are the changes. right on cue as we flip over to fall, which officially starts on saturday. we're going to look at a chance of showers off to the north. nothing for the bay area. but we could see this change as we head into this upcoming sunday. so there is only a slight, slight chance that maybe we'll get a stray shower in the north bay. we're not going there yet. but it is going to be something to watch for this upcoming weekend. so diane, while you didn't like today, i don't know that you're going to approve of this seven-day forecast. >> oh, it still looks pretty nice. i can't really complain with 80s. all right. thanks, jeff. >> you're welcome. well, a court in france is considering whether to block further publication of topless photos of the duchess of cambridge, kate middleton. an italian magazine is now using the images as well. nbc's francis cohas the story. >> reporter: the royals' legal

team argues that the duchess's privacy was violated when topless photos of her were taken outside a house where she and prince william were staying. the couple is trying to stop any further publication of the images. the palace has also filed a criminal complaint, and attorney familiar with the law says the royals might win the case. >> the plaintiffs will have to establish that the photographer took the pictures in a private home without their consent and without any expectation that they were going to be photographed. that shouldn't be too hard for the plaintiffs to prove given the particular circumstances in question. >> reporter: the photos were first published in the french magazine "closer." additions featuring the topless photos flew off the shelves with many kiosks in paris already sold out. the italian magazine key and the irish daily star also featured similar displays of the photos. meantime, the duchess and prince william continue their tour in asia. the french court will rule on

tuesday in the case that has re-ignited the battle between privacy and the rights of the press. francis coe, nbc news. and coming up, we'll show you when you'll have a chance to take a picture of the space shuttle and some bay area landmarks at the same time.

a south bay kids baseball team will get a big league honor before the giants game at at&t park. san jose's blossom valley all stars will be recognized for winning this year's pony mustang world series. the team is made up of kids 10 and under. they beat a national team from puerto rico, 10-1. blossom valley became the first northern california team to win the title in 40 years. and on wednesday night the giants will honor petaluma's national little league team which came in third at the international little league world series.

space shuttle "endeavour's" final flight has hit a final snag, weather. "endeavour" was scheduled to leave kennedy space center atop a 747 today for a nationwide tour ending in los angeles, but weather has postponed the flight at least until tomorrow. low flyovers are still being planned along cape canaveral and nasa facilities from mississippi all the way here to the bay area. "endeavour" is expected to fly over the golden gate bridge, and nasa ames mountain view on thursday before heading to its final home at the california science center in los angeles. okay. back in a minute with a big secret of "50 shades." stay with us.

some lights on "50 shade." the author of the best-selling and very steamy romance novel

admits the scenes that play out between christian gray and anastacia steel are her fantasies. it has sold more than 30 million copies, and a movie is now in the works. >> i haven't read it yet. i've downloaded it, but i have not read it. >> it's very popular on tablets because you can't see what people are reading. and people are embarrassed about reading it. >> i don't know what the whole thing is about. >> oh my goodness! >> i'm kidding. i've heard a little bit. >> i'll give you a cliff notes after i read it. >> the seven-day forecast, temperatures in the low 80s for tuesday, wednesday, thursday, and friday. inland. we'll look at showers developing while off to the north. so definitely starting to set into the fall pattern this time of the year. >> i think you're blushing. >> maybe. i did get a little sun this weekend. >> thanks for joining us. "nightly news" is next. >> we'll see you back here at 6:00. good night. burger with something cheesy...

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